The Protection of Non-Traditional Trade Marks Critical Perspectives

by Calboli, Irene; Senftleben, Martin

• ISBN13: 9780198826576
• ISBN10: 0198826575
• Format: Hardcover
• Copyright: 2019-02-19
• Publisher: Oxford University Press

Author Biography

Irene Calboli, Professor, Singapore Management University, and Martin Senftleben, Professor, Vrije Universiteit Amsterdam

Irene Calboli is the Lee Kong Chian Fellow, Visiting Professor, and Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University. She is also Professor of Law at Texas A&M University School of Law and Transatlantic Technology Law Forum Fellow at Stanford Law School. She is an elected member of the American Law Institute and an associate member of the Singapore Academy of Law.

Martin Senftleben is Professor of Intellectual Property, Centre for Law and Internet, Vrije Universiteit Amsterdam, and Of Counsel, Bird & Bird, with admission to the bar in The Hague and Düsseldorf. Besides intellectual property courses at his own university, he regularly teaches at the Centre for International Intellectual Property Studies (CEIPI), Strasbourg, the EBS University of Business and Law, Wiesbaden, the HANKEN School of Economics, Helsinki, the Munich Intellectual Property Law Center (MIPLC) and the Universities of Vienna and Catania. Professor Senftleben is a member of the Executive Committee of the Association littéraire et artistique internationale (ALAI) and the International Association for the Advancement of Teaching and Research in Intellectual Property Law (ATRIP).

Table of Contents

Part I:Assessing the Legal Framework and Unresolved Challenges
1. Making a Large Universe Visually Perceptible: The Development of Non-Traditional Marks in WIPO Treaties, Denis Croze
2. Non-Traditional Marks: An Empirical Study, Mitchell Adams and Amanda Scordamaglia
3. Paying the Price for Admission: Non-Traditional Marks Across Registration and Enforcement, Dev Gangjee
4. Yellow Dictionaries, Red Banking Services, Some Candies and a Sitting Bunny: Protection of Colour and Shape Marks from a German and European Perspective, Annette Kur
5. Non-Traditional Marks and the Dilemma of Aesthetic Functionality, Justin Hughes
6. Should Trademark Laws Protect Non-Traditional Trademarks?A Look at How Marketing Practices Try to Capture Essences, Deven Desai
7. Absolute Bans on the Registration of Product Shape Marks - A Breach of International Law?, Ng-Loy Wee Loon
8. What Should Constitute Infringement of a Non-Traditional Mark? The Role of "Trademark Use", Michael Handler
9. Protecting Non-Traditional Trademarks in China: New Opportunities and Challenges, Hoachen Sun
Part II: Assessing the Impact on Competition and Culture
10. The Protection of (Three-Dimensional) Shape Trademarks and Its Implications for the Protection of Competition, Gustavo Ghidini
11. Non-Traditional Trademarks: The Error Costs of Making an Exception the Rule, J. Glynn Lunney
12. Assessing the Impact of Non-Traditional Marks: A European Union Competition Law Analysis, Lavinia Brancusi
13. The Economics and Management of Non-Traditional Marks: Why, How Much, What and Who, Carolina Castaldi
14. Non-Traditional Marks on Pharmaceutical Products: Non-Traditional Barriers to Access to Medicine?, Arul
Scaria and Kavya Susan Mammen
15. Hands Off "My" Colors, Patterns, and Shapes! How Non-Traditional Trademarks Promote Standardization and May Negatively Impact Creativity and Innovation, Irene Calboli
16. A Clash of Culture and Commerce: Non-Traditional Marks and the Impediment of Cyclic Cultural Innovation, Martin Senftleben
17. Non-Traditional Marks and Inherently Valuable
Expression Lisa Ramsey
18. Non-Traditional Trademark Protection as (Non-Traditional) Means of Cultural Control, Katya Assaf